midterm (vocab from chapters) Flashcards
criminal justice
the system of institutions, policies, and practices with the goal of maintaining social control and deterring crime through sanctions and rehabilitation
law enforcement
law enforcement agencies are charged with investigating crimes and arresting individuals alleged to have committed crimes
courts
courts are responsible for interpreting and applying the law
corrections
functions to protect society from criminals through monitoring, and other community-based programs
jails
local facilities managed by cities and counties that perform a somewhat overlapping, but distinct, purpose from prisons and penitentiaries. jails hold both those convicted of crimes and individuals who have not yet been convicted. jails typically detain individuals who have been convicted of misdemeanors serving sentences of less than one year
prisons
hold persons convicted of more serious offenses who are serving longer sentences
probation
a sentence that suspends or delays a term of full-time incarceration in prison or jail. in return of the suspended/delayed sentence, the judge orders the offender to return to the community where they have to abide by certain rules and conditions
parole
a person just released from prison may be placed on parole as part of their sentence. parole operates like probation in that the offender is released from prison back into the community, where they must abide by certain rules and conditions and failure to comply with those often means a return to prison.
nolle prosequi
latin for “be unwilling to pursue”. this is commonly used by a prosecutor to willingly terminate legal proceedings before trial or before a verdict. the statement is often construed as an admission that the charges cannot be proven
grand juries
tasked with determining if the prosecutor has sufficient evidence to proceed with charges; may be convened to investigate and issue an indictment or no bill
no bill
indicates that insufficient evidence is present to proceed with the case and the accused is released if they are in jail
nolo contendere
accepting a penalty without admitting guilt
victim advocates
trained professionals who support crime victims throughout the process. resources from victim advocates may help educate victims about the criminal justice system proceedings and offer options for support aht is available. the advocates educate victims about their rights and in some cases, attend court proceedings with the victims.
inalienable rights
rights that are universal and not contingent on laws or beliefs specific to a particular government or culture
judicial activism
occurs when decisions are influenced by personal or political underpinings
USA PATRIOT ACT (united and strengthening america by providing appropriate tools required to intercept and obstruct terrorism)
the 2001 act signed into law by george w. bush to strengthen security measures designed to protect the united states from attack
USA Freedom Act
a 2015 law that came into effect the day after the USA PATRIOT ACT expired; it continued many of the elements from the USA PATRIOT ACT but halted the NSA from gathering massive amounts of phone data on citizens. it instead allows phone companies to retain consumer data that can be accessed by the NSA once federal court permission is obtained
crime
the breaking of a law for which the criminal justice system or some other governing authority prescribes punishment. crimes are defined differently across geographic regions, including localities, states, and nations. the exact same crime can be given different names in different places and what constitutes a crime may be contingent on the characteristics of the perpetrator or the victim
street crimes
crimes that are relatively common and serious, involving a victim and an offender who come together in space and time. examples include rape, sexual assault, homicide, robbery, and physical assault
property crime
crime against property, including motor vehicle theft, burglary, and property theft.
victimless crimes
criminal offenses that are thought not to involve victims because they cause no direct harm to individuals other than the offenders; includes things like prostitution, drug use, and gambling.
white collar crimes
a crime committed by a person of respectability and high social status in the course of his occupation; is typically il-defined but can include lying, stealing, or cheating by occupational, corporate, and government actors using a wide range of frauds; examples include bribery, securities fraud, ponzi schemes, mortgage fraud, misuse of pension funds, bank fraud, unsafe products, violations of public trust, medical fraud, insider trading, price fixing, toxic dumping, fiduciary fraud, religious fraud.
Kate’s Law
an amendment to the immigration and nationality act that calls for an increase in penalties for undocumented immigrants who return to the united states and commit crimes. the bill has not cleared the senate.
cybercrime
a form of illegal activity using a computer or computer networks as the primary method of commission; includes network intrusions, fraud, dissemination of computer viruses, theft of service, online gambling, trade secret theft, securities fraud, child pronography, zoom bombing, denial of service attacks, identity theft, stalking, and cyberbullying
terrorism
a crime that receives a great deal of attention in the public and in academic studies; characteristics of terrorism include: it is committed by subnational or extremist clandestine groups that may or may not include groups in the USA, is premeditated, targets are noncombatants, acts have the purpose of influencing an audience, acts tend to be cross national, acts generally seek political, social, or economic change
mala in se
refers to behavior that is immoral and inherently wrong by nature
mala prohibita
describes behavior that is prohibited by law
decriminalization
the reduction or abolition of penalties associated with behaviors
justifiable homicide
the lawful and intentional taking of another’s life; it has always been elgal, but what constitutes justifiable homicide has changed over time. for an act to be considered justifiable, there must be evidence that the suspected offender presented an imminent threat to the life or well being of another, with threats including things like murder, manslaughter, armed robbery, and rape
castle doctrine
law in 23 states that say residents are no longer required to retreat if threatened by intruders; they may justifiably use force, even deadly force, against intruders if they or other individuals are threatened.
adultery
generally speaking, sex by a married person with someone other than their spouse; specific laws regarding adultery differ by state, as does the level of criminality associated with it; most states of decriminalized adultery
rape
a type of violent crime considered mala in se that includes “penetration, no matter how slight, of the vagina or anus with a body part or object, or oral penetration by a sex organ of another person without the consent of the victim”. rape does not have to involve force, but has to involve a lack of consent, including when a person is unconscious
rape shield laws
restrict a defendant’s ability to cross-examine a rape victim about past sexual behavior and prohibit revealing the identity of a rape victim
sexual abuse
describes sexual violence committed against children, including actions such as forced touching, requiring the child to sexually touch the perpetrator, or forcing them to watch sexual activity. sexual abuse is criminal behavior.
sexual assault
encompasses a variety of acts that are sexual in nature, including unwanted touching, kissing, rubbing, groping, or forcing the victim to touch the perpetrator in sexual ways
crime control perspective
the view that the role of the criminal justice system is to prevent crime by shrewdly and harshly punishing offenders; this view finds that when punishment is weak or avoided, offenders do not fear apprehension and continue to commit crimes
rehabilitative perspective
the role of the criminal justice system is to care for and treat people who are unable to take care of themselves. the view is based on the notion that offending is the result of blocked opportunities, inadequate education, lack of transportation, and poor adult role models. perspective is based on the underlying belief that people commit crimes because it is their only option.
due process perspective
the criminal justice system’s purpose is to ensure that all people accused of crimes are treated fairly and equally. the fifth and fourteenth amendments address each citizen’s right to due process in the administration of justice. perspective says that detainment should be fairly distributed, every person should receive fair hearing and trials, engaged and competent attorneys should represent the accused, nad sentencing should be evenhanded
restorative justice perspective
the appropriate role of the CJS is to repair the harm caused by criminal behavior. cjs should not operate through punishment, but rather through cooperation among victims, offenders, and members of the community. the approach focuses on victims of crime and offenders are expected to take responsibility for their actions and pay for them through agreed upon means
nonintervention perspective
argues for noninterference; the role of the cjs is to be as minimally intrusive as possible, given that any intrusion by the cjs is harmful because it stigmaties an individual as an “offender” –> the stigma results in a self-fulfilling prophecy where offenders view themselves as failures or delinquent and as a result find navigating the noncriminal world more difficult
consensus model
a theoretical view of the cjs that highlights the collaborative nature of the system; the components of the cjs work together to achieve justice; supports the idea of social contract
conflict model
the theoretical view of the cjs that highlights the adversarial nature of the system; components of the cjs work in competition to produce a fair of outcome or justice system; based on notions of division and disparity among members of society and the struggles for power that this causes
social contract
perspective that organized societies are created by an agreement that is mutually beneficial to the whole
framing
criminal justice and crime stories are packaged into tidy presentations that make sharing the information easy. frame simplify criminal events and make processing, laveling, and understanding crimes easier for the audience; frames fail to allow the expression of important variation and nuances in crimes
faulty criminal justice frame
indicates that crime occurs because of a dearth of law and order in the country; indicates that crimes are committed because criminals feel they can get away with them; contends that criminal sanctions are a joke and offenders are rarely held accountable
blocked opportunities frame
suggests that crime results from a lack of legal opportunities among offenders; those living in poverty are left with no other option but to commit crimes
social breakdown frame
crime as the obvious result of breakdown in family and community; contends that the availability of welfare has further enables families and the community to disintegrate
racist system frame
the problem is not crime but rather the cjs; cjs is used as a means to oppress people of color
violent media frame
crimes as a direct result of the violent media that bombard us in TV, movies, video games, and music; the constant display of violence leads to a lack of respect for human life and increased violence in the nation
infotainment
marketing of a highly edited and distorted combination of entertainment and information purported to be truthful and comprehensive
narrowcasting
the presentation of a narrow view of information in the media to small homogeneous audiences
criminal justice
refers to the system, the system of law enforcement, courts, and corrections
criminology
refers to the study of the nature, extent, and causes of criminal offending and criminal victimization
UCR Program
started by the international association of chiefs of police and then moved under the umbrella of the fbi in 1929; it is a compilation of crime data reported by the fbi; designed to provide unified, reliable, and systematic information on a set of frequently committed serious crimes reported to law enforcement agencies across the country.
Supplementary Homicide Reports
supplemental reports to the fbi’s uCR program that gather details about homicide in the united states, including information about offenders, victims, and incidents
national incident-based reporting system
a large, complex national data collection system designed to gather incident-based crime information from law enforcement
federal bureau of investigation
department of justice bureau that collects a wide variety of crime data
bureau of justice statistics
department of justice bureau that gathers a wide variety of national crime data
national crime victimization survey
sponsored by the bureau of justice statistics, a nationally representative survey of victims of property and personal violence in the united states
part I crimes
the most serious and regularly occuring crimes
part II crimes
less serious and less regularly occurring crimes
summary reporting system
the original aggregated crime data collected under the fbi’s ucr program
robbery
refers to a personal violent crime; involves an incident in which someone takes or attempts to take something of value directly from another person
burglary
refers to a property crime in which someone enters a dwelling without permission
national incident-based reporting system
augments the srs by gathering detailed incident information about crimes, including the nature and types of crimes committed during each incident, victim and offender characteristics, type and value of stolen and recovered property, and characteristics of arrested individuals
group a crimes
more serious and frequently occurring offenses like animal cruelty, arson, bribery, burglary, breaking and entering, forgery, counterfeiting, extortion, homicide, human trafficking, kidnapping, motor vehicle theft, robbery, sex offenses, weapon law violations
group b crimes
consists of 10 offenses of less serious and frequent offenses: bad checks, curfew/loitering/vagrancy violations, disorderly conduct, driving under the influence, drunkenness, family offenses, liquor law violations, peeping tom, trespass of property
national crime statistics exchange
a collaborative effort between the bjs and fbi and other organizations that will produce nationally representative incident-based statistics on crimes using both data reported to law enforcement agencies and a sample
dark figure of crime
crime unknown/unreported to the police
national crime survey
the predecessor of the national crime victimization survey, first implemented in 1972
larceny
property theft
interpol (international criminal police organization)
an intergovernmental organization
form 1 (cybercrime)
advanced cyber crime or high-tech crime; these criminal acts are generally quite sophisticated and are focuse don computer hardware and software
form 2 (cyber crime)
cyber-enabled crimes; more traditional in nature
creepware
a malware program downloaded to a person’s computer without their knowledge
global terrorism database
housed at the national consortium for the study of terrorism and responses to terrorism at the university of maryland; includes data of terrorism from 1970 to present, offering terrorism information on threatened, failed, and successful terrorist attacks
crime multiplier
the saturated media presentation of crime that leads to a public that believes there is more crime than there is. in addition, this disproportionate and repetitive coverage leads to enhanced fear of crime among the public
classical theory
crime occurs when the benefits outweigh the cost; crime is free-willed choice
positivist theory
crime is caused or determined
individual trait theory
criminals differ from non criminals on a number of biological and psychological traits
social disorganization theory
crime occurs in the city zone (zone of transition) that has high levels of poverty, heterogeneity, and residential mobility
differential association theory/social learning theory
crime is learned through associations with criminal definitions that approve of criminal conduct or neutralizations that justify criminal conduct
anomie/institutional anomie theory
the gap between the american dream’s goal of economic success and the opportunity to obtain this goal creates structural strain
strain/general strain theory
when individuals cannot obtain success goals success goals such as money or status, they experience strain or pressure. people under strain adapt accordingly by either accepting or rejecting the goals and means to obtain what society values. a society that lacks common goals and means may experience anomie (normlessness)
control theory
the key factor in crime causation is the presence or absence of social control that emphasizes relationships
rational choice/deterrence theory
crime is seen as a choice that is influenced by its costs and benefits; crime is a rational choice
routine activity theory
people’s daily routine activities affect the likelihood they will be attractive targets who encounter offenders in situations in which no effective guardianship is present
labeling/shaming theory
people become stabilized in criminal roles when they are labeled as criminal, develop criminal identities, are sent to prison, and are excluded from conventional roles
critical/marxist theory
inequality in power and material well-being create conditions that lead to street crime and corporate crime. the ruling class exploits the working class through labor and laws
peacemaking theory
crime is caused by suffering that is linked to injustice rooted inequality and daily personal acts of harm
feminist theory
crime cannot be understood without considering gender. crime is shaped by the different social experiences of and power exercised by men and women
developmental/life course theory
crime causation is a developmental process that starts before birth and continues through the lfie course
integrated crime theory
crime is caused by components described in a variety of theories
code of hammurabi
the oldest known legal code, it established approximately 300 provisions for family, trade, real property, personal property, and labor
trial by ordeal
primitive form of trial in which the outcome rested in the hands of God to determine guilt or innocence by protecting an innocent person from some or all the consequences of the test
age of enlightenment:
brought about new ways of thinking, including reforms arising from outrage against the barbaric system of law and punishment just before the French Revolution in the late 18th century
specific deterrence
the notion that punishment deters the individual being punished from committing crime in the future
general deterrence
the notion that the general populace will be deterred from committing crimes based on the perceived negative consequences of being caught
social contract
citizens should be willing to sacrifice a minimum amount of liberty to help prevent anarchy and chaos
felicitous or hedonistic calculus
a measure indicating how much pleasure an individual gains from a specific act
utilitarianism
a doctrine stating that an action is morally right as long as the behavior is a benefit for the majority of a society; this is the concept of the “greatest good for the greatest number”
panopticon
an architectural design developed by jeremy bentham that allows a single person to watch others in a prison setting without those incarcerated knowing they are being watched
rule of law
a fundamental principle in the us criminal justice system that all government officers - including those in law enforcement, corrections, and the courts - pledge to uphold and to follow the constitution, not any particular human leader
retribution
a goal of law that states that punishment is deserved or morally right; in addition, it is a goal of sentencing that seeks to punish the offender for criminal behavior
lex talionis
latin for “the law of retribution” and commonly referred to as “an eye for an eye” this philosophy calls for retaliation in which the punishment received should fit the crime committed
restitution
repayment as part of a punishment for injury loss
rehabilitation
sentencing goal that seeks to reduce chances of future offenders through education, alcohol or drug programs, psychological programs, and other treatments
incapacitation
sentencing goal that isolates the offender from the public and takes away their ability to commit a crime against those in the public
common law
a type of legal system originally developed in england whereby the courts define the law and determine how to apply it. this is the body of law derived from judicial opinions
constitutional law
a major source of law that establishes the fundamental rules and relationships among the judiciary, legislative, and executive branches at the state and federal levels
procedural law
rule governing court proceedings
substantive law
rules that are used to determine the rights of individuals and collective bodies
bill of rights
first 10 amendments to the us constitution, which guide procedural law pertaining to issues such as arrests, warrants, search and seizure, and trials
preemption doctrine
the idea put forth in the constitution that federal law is the “supreme law of the land” in other words, federal law overrides conflicting state laws
gateway drug
a drug believed to lead to the use of more serious substances
cole memo
named after former deputy attorney general james cole, it outlines guidelines for states related to marijuana, including use by minors, driving under the influence, and out-of-state trafficking
statutes
formal rules, or law, adopted by a governing body such as a state legislature
ordinance
municipal or city rules, ordinances can include the written legislative enactments of counties, cities, and towns, ordinances are limited and cannot invade the providence of the state in larger concerns
case law
law that is based on previous court decisions or precedents
precedent
the legal principle of stare decisis, latin for “let the decision stand”, it establishes prior case decisions as binding precedent
stare decisis
latin for “let the decision stand” meaning that judges must respect precedents set in previous court cases
landmark cases
cases that establish precedent that markedly changes the interpretation of a prior law or establishes new case law
civil law
law that deals with disputes between individuals or organization and typically seeks some type of compensation for the harmed party
intentional tort
involves a party who acted purposefully to cause harm
negligence
lack of action to prevent harm
strict liability
corporation, agency, or person is responsible for any harm, whether the action was intentional or negligent
compensatory damages
money awarded in a civil lawsuit for loss or injury suffered as a result of unlawful conduct
punitive damagnes
money awarded in addition to compensatory damages to punish the defendant for recklessness, malice, or deceit
class action lawsuit
civil cases involving large numbers of victims in which courts authorize a single individual or small faction to represent the interests of the larger group
litigation
the process of taking legal action
administrative law
derives from a legislative body’s delegation of authority over commissions or boards to regulate activities compliance with legislative enactments
actus rea
latin term meaning guilty act, used to indicate the physical act of the crime, usually paired with mens rea to show criminal liability (WITH NO INTENT)
mens rea
latin for guilty mind, used in court to prove criminal intent
zero tolerance
means any amount of the drug will result in an arrest
per se
make a legal distinction between connecting signs of impairment and substance use and establishing that the officers’ observations match the suspects’ drug concentration level
permissible
inference is the determination of how much THC in the blood results in impairment, which is just a suggested concentration
misdemeanor
a less serious crime punishable by fine, forfeiture, or short-term confinement, though in some jurisdictions gross, aggravated, or serious misdemeanors may be charged
wobblers
crimes that can be charged as either felonies or misdemeanors
felony
a criminal offense that is more serious and generally results in more severe punishment than a misdemeanor, for example, murder, robbery, and rape
alibi
a claim that the defendant was not present at the scene and therefore could not be the person who committed the crime. witnesses may testify to support the defendant’s alibi
automatism
dreamlike states, post traumatic stress, or severe mental disability may result in a criminal action that is unavoidable. because of the mental disability that often accompanies this defense, many states distinguish between noninsane and insane automatism
consent
the defense of consent requires the testimony of the victim, because the victim gave permission to the defendant to act in an illegal manner against them. the defense is recognized if the act did not involve serious bodily injury, if there is acceptance of the risk, and if the conduct eld to a beneficial result. consent is not a valid defense in mercy killing or assisted suicide in most states
double jeopardy
once a person is tried and acquitted of a criminal act, they cannot be taken to trial again. double jeopardy prevents a prosecutor from charging the person with a different offense for the saem action or for behaviors that were not illegal at the time the act took place
duress
a person who is forced or coerced into committing a crime may claim duress as an excuse for criminal liability. a person acting under duress must possess a reasonable fear of harm and the perceived harm must be death or serious bodily injury.
entrapment
typically occurs when a law enforcement officer convinces someone, whether through trickery or manipulation, to commit a criminal act they would not otherwise have committed
infancy
a defense in criminal law for children who are unable to grasp the consequence of their actions, usually under the age of 7; viewed as incapable of forming mens rea and not held responsible for crimes
insanity
considering a defendant not guilty by reason of insanity is based on the belief that a select group of people who suffer from mental illness are unable to control their actions to such an extent that they cannot be held accountable for their crimes. insanity is a legal, not medical, term
intoxication
defense attorney can argue that the accused was so drunk or high that they lacked the capacity to form mens rea
mistake of fact
ignorance of the law is not a defense, although ignorance of the facts may be used as a defense if used in conjunction with another defense that the actions were justifiable
necessity
recognized under common law; argues that a person is forced into a no-win situation and must pick the lesser of two evils
restraint
external forces prevented them from controlling their actions
self defense
a person is acting to protect themselves or a third party from harm with a reasonable use of force; the use of deadly force requires a reasonable belief of imminent death or bodily harm
m’naghten standard
also called the right-wrong test, requires a jury to consider two questions: did the defendant understand what they were doing when the crime was committed? did the defendant know that their actions were wrong?
durham test
determines if a criminal act was a product of mental disease or defect; requires that jurors determine if a defendant had a mental disease or defect and if the condition was the reason for the criminal behavior
brawner rule
reduced to “knowing right from wrong” to the capacity to appreciate the difference between the two. a defendant must possess an understanding of his conduct and be able to control his action
irresistible impulse test
a defense that fails to find a person criminally responsible if mental disease prevents the person from controlling their behavior
battered woman syndrome
a criminal defense developed to excuse or mitigate the actions of women who kill their abusers in cases of domestic violence despite a lack of imminent danger
borh
earliest known system of policing in england; a unit that was responsible for policing and security, was generally a collective of 12 individuals who stood surety for one another’s good behavior
frankpledge
a system of policing that replaced the borh; frankpledge included all boys and men age 12 or older from 10 households into groups referred to as tythings
hundred
ten tythings grouped together into a collective for police and security purposes. a hundred was supervised by a leader known as a hundredman
parish constable
what the hundredman because known as after the disappearance of the frankpledge system and tythings; policing agent who operated in smaller towns, initially elected by the parishioners, the parish constable was generally unarmed, unpaid, and part-time
shire reeves
precursor to sheriffs
sheriffs
early policing agents who were charged to pursue and apprehend criminals at great personal financial expense
watchmen
used to protect property in england’s larger cities and towns and in colonial america; these individuals patrolled at night to protect the community from robberies, fires, and other disturbances
thief takers
men hired by victims to capture criminal offenders; once an offender was captured, the thief take was paid a bounty; these individuals were very corrupt
metropolitan police act of 1829
an act introduced by sir robert peel, which established london’s metropolitan police force. this is considered the beginning of modern public policing
sir robert peel
the father of modern policing; passed the metropolitan police act of 1829;
bobbies
nickname of officers in britain named for sir robert peel; replaced the existing and generally corrupt system of parish constables and night watchmen
peelers
nickname of officers in ireland named for sir robert peel; replaced the existing and generally corrupt system of parish constables and night watchmen
peelian principles
widely cited list that described sir robert peel’s philosophy of an ethical police force; research shows that these excellent principles were never provided by peel; peelian principles include importance of public approval for effective policing, need for public cooperation, need for police to be impartial, and then need for police to use force only when necessary
vigilantes
self-appointed distributors of justice according to their own rules
slave patrol
policing group that originated in 1704 in south carolina and consisted of a group of three to six white men who regulated the behaviors of slaves and hunted down and punished escaped slaves
the fugitive slave law of 1850
a law passed by u.s. congress that addressed fears of a “slave power conspiracy” as the number of slaves grew. was a justification for slave patrols, which became the purview of police officers
august vollmer
the father of american policing; believed officers should be free from political pressure and be highly educated, trained and well paid. implemented a code of ethics for officers, banned political corruption and gifts, and outlawed the third degree
third degree
early (now outlawed) method used by police officers that included brutalizing an individual to gather information
vollmer and the international association of chiefs of police
elected president in 1921; advocated that officers act as social workers and intervene in citizens lives before the individuals begin committing crimes; advocated for a national fingerprint collection system; called for a shared uniform crime data in california and was instrumental in urging the adoption of a nationally uniform system for the classification and collection of crime data (1935: bureau of investigation took charge of UCR)
vollmer and technology
much of the technology developed in the early years of policing was championed by vollmer; he had telephone boxes with flashing alarms to summon officers, outfitted radios to further facilitate communication, and increased patrols on bikes to increase officer mobility, implemented one of the first centralized police record systems in the nation; implemented the first use of modus operandi system and was the first to use scientific analysis of blood, fibers, and soil in investigation; implemented the first lie detector type instrument
modus operandi
a system for solving crimes that facilitated the identification of crime patterns; system was first implemented by august vollmer
police matron
title frequently given to women who worked in the early days of policing
civil rights act
signed by president johnson, outlawed discrimination against racial, ethnic, national, and religious minorities and women. act stopped the unequal application of voter registration requirements and racial segregation in schools, the workplace, and general public facilities
voting rights act
signed by president johnson, outlawing discriminatory practices that led to widespread disenfranchisement of Blacks, specifically seeking out to end the use of literacy tests to register to vote
literacy tests
tests used to deny african americans the right to vote
covered jurisdictions
prior to 2013, states, cities, or counties that were required to submit proposed voting changes to the US department of justice because of their histories of discrimination of people of color
omnibus crime control and safe streets act of 1968
an act that established agencies and rules dealing with crime, accomplishing the establishment of the law enforcement assistance administration which assists states and local jurisdictions in preventing and reducing crime and improving the system, addressed the admissibility of confession in criminal trials, established rules for obtaining wiretap orders by police agencies, including provisions that regulated firearm sales and possessions
rotten apple theory
the idea that corruption in most police departments can be traced to just a few officers
grass-eaters
identified by the knapp commission as officers who acted as passive participants when others were engaging in bribery and corruption
meat-eaters
identified by the knapp commission as officers who actively engaged in corrupt activities
discretion
it allows police and others throughout the criminal justice system the latitude to make an arrest (or other action) or not
patrol
backbone of all police agencies; patrol officers are responsible for preventing crime, apprehending suspects, and assisting community members
reactive policing
a traditional style of policing relying on responding to calls for service
proactive policing
self initiation officer activities to prevent and detect crime
community policing
a philosophy and style of policing that adopts proactive measures and collaborates with community members
three key components of community policing
partnerships (collaborative efforts to solve problems and increase trust in police), organizational transformation (structure of management, personnel, and information systems that support the community partners and proactive initiatives), problem solving (promotes systematic examinations of crime-relate dissues to provide for effective responses)
problem-oriented policing
a policing style that emphasizes the use of data analysis and assessment to address crime problems
SARA model
the scan, analysis, response, and assessment model, used in problem-oriented policing
crime triangle
also referred to as the problem analysis triangle, a strategy that focuses on immediate concerns present in the environment in order to confront difficult issues
routine activity theory
cohen and felson’s theory that posits that the convergence in space and time of motivated offenders, suitable targets, and the absence of capable guardians increases the risk of criminal incidents
broken windows theory
introduced by james q. wilson and george kelling to describe the social disorder that occurs in run-down and neglected neighborhoods, which leads to higher crime rates
hot spots
specific geographic locations identified as high crime areas
zero tolerance
a policing approach that focuses enforcement efforts on quality-of-life issues such as disorder and minor crime. enforcement efforts are applied to low-level crimes and minor infractions in specific neighborhoods.
intelligence-led policing
a means of creating efficiency and effectiveness in police agencies that emphasizes the importance of risk assessment and risk management
fusion centers
developed under the national criminal intelligence sharing plan to help in information exchanges on intelligence gathered from confidential informants, surveillance, and crime data analyses
compSTAT
a law enforcement strategy first adopted by the NYPD that relies on crime mapping to identify hot spots and crime trend in order to effectively address problems
continuum of force
guidelines for the degree of force and weapon an officer may use during an arrest, which is becoming outdated; depended on the suspect’s demeanor, their weapon, and their level of compliance
ferguson effect
suggests a connection between higher crime rates and police protests over officer-involved killings of blacks. public and media scrutiny of policing behavior may also have resulted in officers being more reluctant to engage in crime fighting efforts
profiling
occurs when officers question or investigate a person based on race, ethnicity, religion, or national origin
discretion depends on
personal disposition styles (how the offender acts), situation (the crime, where it was committed, and the officer’s experience), departmental rules (written or unwritten organizational rules that can encourage/discourage use of discretion by individual officers)
mandatory arrest policies
policies that limit police discretion in certain situations; they are frequently applied to incidents involving intimate partner violence
private policing
policing provided by private entities; protection is extended to corporate executives and other high profile individuals
coplink
an information technology system that offers tactical lead generation, crime analysis, and information sharing among local, regional, state, and national law enforcement agencies
less-than-lethal weaposn
weapons that provide a viable option for dealing with resisting suspects; includes pepper spray, rubber bullets, bean bag guns, and sedative darts
tasers
a type of conductive energy device or electronic control device; offer a means of controlling suspects while saving lives and offering officers protection from injuries
military drone
technology increasingly used as possible crime-fighting tools in some parts of the country
crisis intervention team
police working alongside health professionals, advocates, and treatment providers were able to successfully lower arrests and provide treatment of people in crisis
due processes
established rules and principles designed to protect private rights found in the fifth and fourteenth amendments that prevent the government from unfairly or arbitrarily depriving anyone of lfie, liberty, or property
probable cause
in criminal law, the existence of more than a suspicion that a person has committed an illegal act
reasonable suspicion
an objective basis supported by specific facts for believing that someone committed a crime
stop and frisk
also known as a terry stop or field stop; this procedure allows the police to detain and search a person when the office reasonably suspects that a crime has been or will be committed
exclusionary rule
the rule excludes from trial evidence that was obtained unlawfully, which violates a person’s constitutional rights
fruit of the poisonous tree
also called the exclusionary rule, doctrine was applied to the states in mapp v. ohio, a case that ruled that any evidence obtained during an illegal search would be disallowed at trial
inevitable discovery
in criminal law, there is an exception to the fruit of the poisonous tree doctrine; illegally obtained evidence may be used if eventually it would have been found legally
communications assistance for law enforcement act (1994)
a law that allows federal agencies to more easily monitor an individual’s phone calls and internet messages
electronic communication privacy act (ecp, 1986)
established stricter standards and requirements for search warrants
knock and announce warrant
commonly used by police, police must wait a reasonable amount of time for anyone in the house to answer before using forced entry; police must identify themselves
no knock warrant
allows officers to enter a house forcibly without identifying themselves as law enforcement if justified by the circumstances
consent (to warrants)
police officers ask for permission to search and suspect voluntarily says yes; agreement must be made without any coercion or threats of arrest
plain view doctrine
police can seize illegal materials or evidence without a warrant if the evidence is in plain view; police cannot open drawers or move belongings to find evidence
exigent circumstances (to warrants)
emergency circumstances; narrowly defined by the court to provide for searches when warrants cannot be obtained; used to prevent escape, prevent harm to the officer or others, or prevent destruction of evidence
incident to lawful arrest
allows law enforcement to search any person without a warrant once that person is lawfully arrested; chimel v. california (1969) ruled a police officer may search a suspect and the area surrounding the suspect to prevent injury to the officer and the destruction of evidence
automobile exception (to warrants)
if police have probable cause to believe that a vehicle, including boats, contain contraband, fruits of a crime, evidence, or instrumentalities of crime, the vehicle can be searched
suspicionless search
may be conducted based on place rather than wrongdoing
emergency doctrine
allows searches by law enforcement with a warrant to avoid imminent harm to the public or property
regulatory searches
by government officials, such as health inspectors, vehicle inspections, or airport screenings
miranda rights
prior to investigation, the person in custody must be informed that they have the right to remain silent, anything they say can be used against them in court, they have the right to consult with an attorney and to have that attorney present during questioning; if they cannot afford an attorney, one will be provided to them at no cost
custodial interrogation
a suspect that is questioned or interrogated by police about the crime after an arrest
judicial review
a doctrine that ensures checks and balances by allowing courts to review the actions of the executive and legislative branches of government
strict interpretation
typically deciphers the words of the constitution as literal, discounting the current context socially, historically, or technologically, and focusing on the plain language contained in the document and how to apply the literal meaning
separate-but-equal doctrine
the concept that black and white individuals could legally be segregated under the constitution given that the facilities and services were comparable in quality for each race
constraints of facts
legal influences requiring that a related case be considered before making a ruling
constraints of law
require that justices consider which laws apply to the case based on interpretation of the constitution, statutes, and precedents
dual court system
us court structure wherein the federal government has a court system and procedures distinct from the states
writ of certiorari
used by the appellate courts that have discretion to review a lower court’s opinion. the writ is an order to send all the documents of a case to be reviewed; certiorari is latin for “to be more fully informed”
judiciary act of 1789
although the constitution allows a supreme court, congress established the federal court system and specific jurisdictions
court of last resort
the final court with appellate authority in a given court system; at the federal level, the supreme court is the court of last resort
court of international trade
hears cases on international trade and customs issues
court of federal claims
jurisdiction over claims for monetary damages against the united states, disputes over federal contracts, and unlawful confiscation of private property by the federal government
pro se
latin for “himself” meaning self representation in legal proceeding without the aid of legal representative
indictment
a formal accusation that an individual has committed an act punishable by law; typically presented by a grand jury
information
a formal charge against an individual suspect of committing a crime, typically presented by an authorized public official, such as a prosecutor; purpose is to inform the accused of the charges so a defense may be prepared
federal speedy trial act
passed in 1974, requires that those charged with crimes by indicted within 30 days of arrest and that trial occurs within 70 days after the indictment
specialized courts
also called problem-solving courts, they work with particular types of offenses and offenders
alternative dispute resolution (adr)
an approach to settling cases using a variety of methods to assist the disputing parties in finding a solution without relying on costly litigation
double jeopardy
constitutional protection under the fifth amendment that prevents the accused from facing charges or trial by the same court jurisdiction after an acquittal or conviction for the same offense
missouri plan
also called the merit selection system, it is a process to elect judges that attempts to eliminate politics
